Nazareth Foundry & Machine Co. v. Marshall
Supreme Court of Pennsylvania
Appeal, No. 103, Jan. T., 1916, by plaintiff, from final order of C. P. Northampton Co., July T., 1914, No. 28, refusing to take off a compulsory nonsuit, in case of Nazareth Foundry and Machine Company v. Frank J. Marshall, William B. Marx, and Josephine W. Marx. Assumpsit on a bond. Before McKeen, J. The opinion of the Supreme Court states the facts. The court entered a compulsory nonsuit, which it subsequently refused to take off. Plaintiff appealed.
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Appeal, No. 103, Jan. T., 1916, by plaintiff, from final order of C. P. Northampton Co., July T., 1914, No. 28, refusing to take off a compulsory nonsuit, in case of Nazareth Foundry and Machine Company v. Frank J. Marshall, William B. Marx, and Josephine W. Marx. Assumpsit on a bond. Before McKeen, J. The opinion of the Supreme Court states the facts. The court entered a compulsory nonsuit, which it subsequently refused to take off. Plaintiff appealed. Errors assigned were rulings on evidence and in refusing to take off the nonsuit. — The bond made the obligors liable for the debts of the…
1Opinion of the Court
Opinion by
Mb. Justice Potteb,
This was an action of assumpsit brought to recover upon a bond given by defendants to plaintiff, dated July 24, 1913, for the sum of $6,800. The bond contains a recital that the Marshall Machinery and Supply Company is indebted to plaintiff in a sum of about $1,800 in addition to the cost of construction of two Marshall paper-making engines, and that it is deemed advisable by all parties interested that the former company furnish a good and sufficient bond to plaintiff, conditioned for the prompt payment of the purchase-price of the two engines.
The condition of…
2Cases cited1 opinion
- Bausbach v. ReiffSupreme Court of Pennsylvania · 1912
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